Brett Border,

Senior Associate Attorney

On December 3, 2021, the Court of Claims issued its opinion on the Motion for Temporary Restraining Order and Preliminary Injunction filed by the Plaintiffs Viridis Labs and Viridis Labs North in the action Viridis Labs et al. v. Marijuana Regulatory Agency et al. The Plaintiffs sought a temporary restraining order seeking to restrain the Marijuana Regulatory Agency (“MRA”) from enforcing the recall bulletin it had issued recalling products tested at Viridis Labs in Lansing, Michigan and Bay City Michigan, respectively.

The Court found that the recall as to Viridis North was not supported by the facts, as none of the recalled products were tested at Viridis North. Accordingly, the Court issued a Temporary Restraining Order restraining the MRA from enforcing the recall against Viridis North in Bay City until further order of the Court.

As to Viridis Labs, the Court found that the MRA acted within their regulatory authority. The Court further noted that the MRA has rules in place dealing with recalls and that Viridis Labs, who argued that the recall effectively shut their doors, was allowed to continue to operate. As such, the Court denied all relief against Viridis Labs in Lansing related to its Motion.

The MRA subsequently sent out an updated bulletin reflecting the Court of Claims order.

Please contact our office if you have any questions relating to the recall bulletin or any other matter relating to Viridis Labs et al v. Marijuana Regulatory Agency.